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SC's new hands-free driving law took effect Sept 1; keep your hands on the wheel with no cell phone

Driving with your cell phone in hand is now illegal in South Carolina as of September 1.

Why the fuss?


According to the South Carolina Department of Public Safety, distracted driving contributes to more than 20,000 traffic collisions each year in the state.

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The South Carolina Hands-Free and Distracted Driving Act was passed in May and signed into law by Gov. Henry McMaster. The law will officially go into effect Sept. 1.

It supersedes the state’s texting-and-driving law, which only prohibited drivers from using a mobile device to send a text message while driving. The penalty for texting and driving was a $25 fine and no points against the driver’s license.

“It’s all in the name of traffic safety, to try to reduce the number of serious and fatal collisions,” Ridgeway said. “People driving distracted on cell phones can be quite dangerous behind the wheel.”

Drivers will be prohibited from holding or supporting a mobile device with their body while operating a moving vehicle under the new law. This includes resting a phone on your lap or shoulder. Mounted devices and wireless car screens are legal to use.

The South Carolina Hands-Free and Distracted Driving Act defines mobile electronic devices as cellphones, portable computers, electronic gaming devices, GPS receivers or similar devices. Drivers are permitted to use an earpiece or electronic watch for voice-based communication.

Under the previous law, an officer was required to prove a driver was composing a text message to issue a citation, said Sgt. Diana Munoz with the Greenville Police Department. The Greenville Police Department has issued 23 citations and 48 warnings for texting and driving since Aug. 20, 2023.


Under the new law, drivers are prohibited from sending text messages or emails, making a video call, using apps, searching the internet, watching videos and performing other similar activities on mobile devices.

Drivers can still use mobile devices if they are lawfully parked or stopped at a red light. Other exceptions to this law include:



  • Drivers using voice activation or hands-free mode to operate a device

  • Drivers using a device for audio content (navigation, music, podcasts) without holding it

  • Drivers reporting accidents, emergencies or hazardous conditions

“For the first 180 days, law enforcement officers will only issue warnings to anyone they pull over who’s using a handheld device,” Munoz said.

Starting Feb. 28, 2026, drivers will be issued tickets for violating the law. For their first offense, a person will receive a $100 fine. Second and subsequent offenses within three years of the first violation will result in a $200 fine and two points against the driver’s license.

For more information, visit scdps.sc.gov/handsfree.


Distracted driving

The South Carolina Department of Public Safety defines distracted driving as engaging in an activity that takes a driver’s attention away from driving.

The three types of distracted driving are:

  • Visual distraction: Taking your eyes off the road

  • Manual distraction: Removing your hands from the wheel

  • Cognitive distraction: Taking your mind off driving

Driving dangers

Across the United States, 3,275 people were killed by distracted driving in 2023.

 






























 


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